S Visa
An S nonimmigrant visa is one that is available in very limited quantities to non-US Citizens who assist a law enforcement agency (LEA) as a witness or as an informant. In order to be eligible for an S nonimmigrant visa, the witness or informant must possess information regarding a crime that has already occurred or that may occur and be willing to share that information with law enforcement.
The S visa allows the witness or informant to lawfully come to or lawfully remain in the United States during the investigation or prosecution of the case.
An S Visa has different classifications. An S-5 classification is for a non-US Citizen who possesses and is willing to provide critical, reliable information to the requesting LEA on a criminal organization or enterprise, and who otherwise qualifies under INA section 101(a)(15)(S)(i) and 8 CFR 214.2(t)(1).
An S-6 classification is for a non-US Citizen who possesses and is willing to provide information about a terrorist organization; who will be or is placed in danger as a result; who is eligible for an award under section 36(a) of the DOS Basic Authorities Act of 1956, 22 U.S.C. 2708; and who otherwise qualifies under INA section 101(a)(15)(S)(ii) and 8 CFR 214.2(t)(2).
An S-7 classification is for a spouse, married and unmarried sons and daughters, and parents of a non-US Citizen witness and/or informant who otherwise qualify under INA section 101(a)(15)(S) and 8 CFR 214.2(t).
A Federal or state LEA may request an S-5 classification for an alien witness and/or informant. However, only a Federal LEA or Federal Court may request an S-6 classification. The LEA sponsoring an S-5 or S-6 may also sponsor an S-7 derivative.
To request that a non-US Citizen witness or informant receive classification as an S nonimmigrant, the LEA may use Form I-854a. Spouses, both unmarried and married children, and parents of the non-US Citizen witness or informant, who may enter the US under the S-7 visa category or who are already in the US, must be included on Form I-854a. Moreover, the request must include the agency’s reasons for utilizing the witness/informant. Furthermore, the sponsoring law enforcement agency must assume responsibility for the witness/informant from admission to departure.
S nonimmigrant visas are generally available to non-US citizens who would otherwise be inadmissible to the US or deportable from the US. The statute authorizes the Secretary of Homeland Security to waive most grounds of inadmissibility.
An S nonimmigrant visa is only valid for three years. However, once the non-US Citizen has completed the terms of their cooperation agreement, she or he or they may be eligible to apply for a Green Card through adjustment of status. Similarly, qualifying family members of the principal S nonimmigrant may also be eligible to apply for a Green Card through adjustment of status.
This is a two-step process. First, the LEA that originally requested the S classification must submit a request to allow the nonimmigrant, in an S classification, to file for adjustment of status, pursuant to INA section 245(j) and 8CFR 245.11. The sponsoring LEA must attach all relevant documentation establishing that the alien has fulfilled the terms and conditions of her, his or their S classification along with the LEAs related recommendations to Form I-854b. Only the derivative beneficiaries named on the initial request for S classification are eligible to adjust status pursuant to 8 CFR 245.11. The requesting agency must also be the same agency that initially requested S nonimmigrant status on behalf of the individual.
Second, After Form I-854 is approved, the S nonimmigrant and the derivative beneficiaries may file Form I-485, Application to Register Permanent Residence or Adjust Status along with the required evidence. On the I-485, applicants should check box “h” in part 2 of the I-485 application and write “S Nonimmigrant” or “S-Qualified Family Member” on the line next to box “h.”
If you need help adjusting your status as a T Visa holder, contact us here.
Processing Times /Timeframes
Processing times vary greatly depending on the USCIS individual office and we suspect the individual USCIS officer. Processing times can also change depending on the needs of USCIS. There is also a significant difference in processing times for applications and petitions filed by qualified attorneys and those filed by self-represented (pro se) applicants and petitioners.
If you retain us, we will discuss the timeframe in which we expect to receive a decision on your case. Keep in mind that timeframes are not exact dates. They are our best estimates given the specifics of your case and the immigration situation at the time that we accept your case. Below, is the link to check posted processing times. The listed times are not always accurate and often change.
https://egov.uscis.gov/processing-times/
Filing Fees
The USCIS filing fee calculator is posted below for your convenience. It is important to note that there is no fee for I-765 or I-131 when filed with the I-485.
Contact us with any questions.
https://www.uscis.gov/feecalculator
To remit payment for the applicable filing fees, we typically recommend using the G-1450. It is important to note that a separate G-1450 is needed for each form. Do not forget to include the biometrics payment in the total payment.
It is very important to make sure that the funds remain available until deducted by USCIS. You may wish to notify your bank to expect the charges.
Contact us with any questions.